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  • [Question] Der Trademark Infringement

    Der Wienerschnitzel has been running television advertisements for more than a year that use Disneyland's logotype. Why has no one at Disney caught this infringement yet?

  • #2
    Re: Der Trademark Infringement

    Originally posted by PragmaticIdealist View Post
    Der Wienerschnitzel has been running television advertisements for more than a year that use Disneyland's logotype. Why has no one at Disney caught this infringement yet?
    I'm pretty sure it's not actionable. "Disneyland" is a trademark but the font is not -- it's one of the many variants of German Gothic typefaces that have been around for a long time, used here by Der Wienerschnitzel as a play on its fake German connection. No infringement -- just really wretched food.
    Last edited by Mr Wiggins; 11-09-2012, 11:27 PM.
    "Disneyland is often called a magic kingdom because
    it combines fantasy and history, adventure and learning,
    together with every variety of recreation and fun,
    designed to appeal to everyone."

    - Walt Disney

    "Disneyland is all about turning movies into rides."
    - Michael Eisner

    "It's very symbiotic."
    - Bob Chapek

    Comment


    • #3
      Re: Der Trademark Infringement

      I just found a picture that shows the same slogan as that used in the commercial, but, where Disneyland's distinctive "D" appears in the ad., the calligraphy for that one letter has been replaced on this food wrapper:

      State College And Ball State College-Ball Anaheim CA 92806 My Co Worker Got Me Mini Corn Dogs From Wienerschnitzel Food Food Wienerschnitzel

      Wienerschnitzel seems to know that use of the logotype constitutes infringement. Why else would there be an inconsistency?

      Comment


      • #4
        Re: Der Trademark Infringement

        Hasn't Weinerschnitzel been using that font type for years? Since well before the days when it was Der Weinerschnitzel.

        Comment


        • #5
          Re: Der Trademark Infringement

          Alphabets and letterforms are not copyrightable. Data within a font (the kerning, outlines, etc) can be copyrighted. The instruction to render a font, i.e. kerning, letter height, etc, are considered a computer program and therefore copyrightable, but not the actual letters or alphabet itself. So if you sat down and made your own font that looked just like another, then it is not infringement.

          Font names can be trademarked. Groupings of letterforms can be trademarked, ie "Disney" in the Waltograph font is trademarked, but the use of the font itself is not.

          As to the photo of the letter D being replaced, if they were worried about infringement, why did they replace the D in der, but not the D in the D/W logo to the left? This seems like more of a typographical error or use of a slightly different font between the logo and text as a whole.

          Our revels now are ended. These our actors, As I foretold you, were all spirits and Are melted into air, into thin air: And, like the baseless fabric of this vision, The cloud-capp'd towers, the gorgeous palaces, The solemn temples, the great globe itself, Yea, all which it inherit, shall dissolve And, like this insubstantial pageant faded, Leave not a rack behind. We are such stuff As dreams are made on, and our little life Is rounded with a sleep. mycroft16 on Twitter

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          • #6
            Re: Der Trademark Infringement

            I would say as well, using a specific looking font to say other words is not very actionable. It can be redesigned and altered, as observed above, to look near similar but have distinct differences in details

            I pass by a apartment/housing complex sign every day driving to work that uses a near-identical typeface to the Haunted Mansion plaque/Ravenscroft font. Disney has yet to sue them.
            when the spooks have a midnight jamboree....

            Comment


            • #7
              Re: Der Trademark Infringement

              Hasn't Weinerschnitzel been using that font type for years? Since well before the days when it was Der Weinerschnitzel.
              The food wrapper doesn't use Disneyland's "D" at all. Only the television advertisements do.
              Last edited by PragmaticIdealist; 11-12-2012, 11:29 PM.

              Comment


              • #8
                Re: Der Trademark Infringement

                The font is the same font that Wienerschnitzel used back when it was called Der Wienerschnitzel. That font, like the classic Disneyland logo, is not a Disney trademark. It existed long before Disneyland did. It's based on antiquated German typefaces, particularly the one known as Fraktur, and related Old English typefaces. Both are rooted in old European calligraphy.




                Basically it's what's known as a Blackletter typeface, and there are many variants. The one used in the classic Disneyland sign is not trademarked.

                The Blackletter Typeface: A Long And Colored History - SitePoint
                Last edited by Retrocool; 11-11-2012, 11:03 PM.

                Comment


                • #9
                  Re: Der Trademark Infringement

                  God I'm old....I remember the "not-a-burger" campaign.

                  Comment


                  • #10
                    Re: Der Trademark Infringement

                    I too have noticed this, there isn't a whole lot they can do. It's a font, they aren't claiming to be Disneyland.


                    Comment


                    • #11
                      Re: Der Trademark Infringement

                      Originally posted by doppio View Post
                      God I'm old....I remember the "not-a-burger" campaign.
                      That's nothing, I remember the jingle from the original Taco Bell radio spots.
                      "Disneyland is often called a magic kingdom because
                      it combines fantasy and history, adventure and learning,
                      together with every variety of recreation and fun,
                      designed to appeal to everyone."

                      - Walt Disney

                      "Disneyland is all about turning movies into rides."
                      - Michael Eisner

                      "It's very symbiotic."
                      - Bob Chapek

                      Comment


                      • #12
                        Re: Der Trademark Infringement

                        Besides, the Wienerschnitzel "D" looks nothing like Disneyland's

                        Comment


                        • #13
                          Re: Der Trademark Infringement

                          Even if it is copyrighted, if they were using it before it was copyrighted, then it would be pretty hard to sue them.
                          DisneyTwins
                          Since May 2003

                          Comment


                          • #14
                            Re: Der Trademark Infringement

                            Originally posted by Steve DeGaetano View Post
                            Besides, the Wienerschnitzel "D" looks nothing like Disneyland's
                            The new font does. In fact, it's identical.

                            Wienerschnitzel - Premium Hot Dogs and Sausages - Derlicious

                            Scope the homepage..


                            Comment


                            • #15
                              Re: Der Trademark Infringement

                              Very close, yes, but some of the Wiernerschnitzel strokes are heavier.

                              Besides, the original Disneyland font had much skinnier strokes. It actually might be Disneyland "infringing" on Wiernerschnitzel's font!

                              Comment


                              • #16
                                Re: Der Trademark Infringement

                                Originally posted by DisneyIPresume View Post
                                Hasn't Weinerschnitzel been using that font type for years? Since well before the days when it was Der Weinerschnitzel.
                                I think so...
                                For the love of Disney....:yea:

                                Comment

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